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THE VALE OF GLAMORGAN COUNCIL

 

Minutes of the Annual Meeting of the Vale of Glamorgan Council held on 15th May, 2013.

 

Present:  Councillor Eric Hacker (Mayor); Councillors Richard Bertin, Janice Birch, Rhiannon Birch, Jonathan Bird, Bronwen Brooks, Lis Burnett, Philip Clarke, Geoff Cox, Claire Curtis, Rob Curtis, Pamela Drake, John Drysdale, Kate Edmunds, Stuart Egan, Christopher Elmore, Christopher Franks, Keith Geary, Howard Hamilton, Val Hartrey, Keith Hatton, Nic Hodges, Jeff James, Hunter Jarvie, Gwyn John, Fred Johnson, Dr. Ian Johnson, Maureen Kelly Owen, Peter King, Kevin Mahoney, Anne Moore, Neil Moore, Andrew Parker, Bob Penrose, Anthony Powell, Audrey Preston, Rhona Probert, Gwyn Roberts, John Thomas, Ray Thomas, Rhodri Traherne, Steffan Wiliam, Margaret Wilkinson, Clive Williams, Christopher Williams, Edward Williams and Mark Wilson.

 

 

1          DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

2          ELECTION OF MAYOR -

 

It was moved by Councillor Fred Johnson, seconded by Councillor Rob Curtis and

 

RESOLVED - T H A T Councillor Margaret Wilkinson be elected Mayor of the Council for the ensuing municipal year.

 

The newly-elected Mayor made and delivered to the Managing Director the Statutory Declaration of Acceptance of Office, was invested by the outgoing Mayor with the Chain of Office and took the Chair.

 

 

3          APPOINTMENT OF DEPUTY MAYOR -

 

It was moved by Councillor Rhona Probert, seconded by Councillor Claire Curtis and

 

RESOLVED - T H A T Councillor Howard Hamilton be appointed Deputy Mayor of the Council for the ensuing municipal year.

 

The newly-appointed Deputy Mayor made and delivered to the Managing Director the Statutory Declaration of Acceptance of Office and was invested with the Chain of Office.

 

 

4          MAYOR'S ADDRESS -

 

The incoming Mayor thanked Councillors Fred Johnson and Rob Curtis for nominating and seconding her for the position of Mayor.  She considered it a great honour and indicated she would do her utmost to fulfil the duty in the best possible way.  She promised that she would continue to promote/address her concerns regarding homelessness, social housing and poverty and would seek to ensure that the Council's attention continued to be paid to such matters. 

 

The Mayor's charities for the forthcoming year would be Age Cymru, National Coastwatch and Dreams and Wishes.

 

The Civic Service would be held on Sunday, 15th September, 2013 at 13:30 in St. Helens Church, Barry, with the reception at Dyffryn House and Gardens.  The Mayor's Chaplain would be Canon Pat O'Gorman.

 

Councillor John Thomas, on behalf of the Conservative Group, congratulated the Mayor upon her election and wished her an extremely successful year in office. 

 

5          VOTE OF THANKS TO RETIRING MAYOR -

 

The newly-elected Mayor, on behalf of the Council, thanked the retiring Mayor and Mayoress for their work during the previous year.  She referred to them having carried out their roles with great dignity and to them both being held in high esteem.  She knew that numerous individuals and organisations had appreciated the support and fundraising efforts of the Mayor and Mayoress and she thanked them both for their dedication, commitment and hard work during their year in office.

 

In response, the retiring Mayor congratulated the incoming Mayor on her election.  He was honoured to have met countless people and representatives of organisations during his year in office.  He assured Members that his experience had shown that the Vale of Glamorgan was held in very high esteem by other local authorities and, indeed, was the 'envy' of many.  The many highlights of his year in office had included the following:

 

·         various visits by members of the Royal family

·         the holding of the National Eisteddfod in the Vale of Glamorgan

·         the Vale of Glamorgan Show

·         the Royal Welsh Show

·         a visit to Rheinfelden.

 

He also looked forward to his forthcoming visit to Buckingham Palace to attend the Royal Garden Party.

 

In difficult economic times, he had sought to work hard for his nominated charities and was delighted to have raised over £11,000 in doing so.  He expressed his appreciation to the Mayor's Office, the chauffeurs and staff in the Cabinet and Leader's Office.  Finally, he paid tribute to the role his wife Heather had undertaken as Mayoress and considered her to have fully deserved all the admiration she had received.  He regarded his year in office as having been a great privilege and honour. 

 

Councillor Franks, on behalf of the Plaid Cymru Group, thanked the outgoing Mayor for the diligence and hard work he had shown throughout the year in serving the people of the whole of the Vale of Glamorgan.  He referred in particular to the Mayor's launch of the National Eisteddfod, which had been held in the Vale of Glamorgan in 2012. 

 

Prior to introducing the following agenda item, the Leader echoed the sentiments expressed during the meeting regarding the work undertaken by the outgoing Mayor and Mayoress and he also congratulated Councillor Wilkinson on her election as Mayor.

 

 

6          EXECUTIVE ARRANGEMENTS: CABINET MEMBERSHIP AND PORTFOLIOS AND PAYMENT OF SENIOR SALARIES -

 

Part 4(A) of the Constitution - “Council Procedure Rules” - provided that the Annual Meeting would be told by the Leader of the names of councillors he/she had chosen to be Deputy Leader and members of the Cabinet.

 

Article 7 of the Constitution - “The Executive” - provided that “The Executive will consist of the Executive Leader together with at least two, but not more than nine, councillors appointed to The Executive by the Executive Leader”.

 

Under the provisions of the 2012 report of the Independent Remuneration Panel for Wales, the Vale of Glamorgan Council was able to pay up to a maximum of 18 Senior Salaries to Members in those positions agreed by the Council to receive such.  The figure of 18 did not include Civic Salaries able to be paid to a Mayor and Deputy Mayor.

 

Including Cabinet Members, it was proposed that the Council continue to pay a total of 16 Senior Salaries, together with Civic Salaries to the Mayor and Deputy Mayor, as set out below:

 

·         Cabinet Members - 7

·         Group Leaders (in respect of Groups comprising 10% or more of the total membership of the Council) - 2

·         Scrutiny Committee Chairmen - 5

·         Chairman of Planning Committee

·         Chairman of Licensing Committee

·         Mayor

·         Deputy Mayor.

 

Full details of the relevant payments, together with basic allowances for all Members, would be incorporated within the Council's Constitution.

 

In addition to the above, the Leader had confirmed that, as part of their portfolios, Cabinet Members would be designated as the Council’s “Champions” with regard to the areas indicated below: 

 

          Anti-Poverty Champion – Leader

          Equalities Champion – Leader

          Children and Young People’s Champion - Cabinet Member for Children’s Services

          Older People’s Champion – Cabinet Member for Adult Services

          Armed Forces’ Champion – Cabinet Member for Leisure, Parks, Culture and Sport Development

 

It was recommended that the role of the following Champions be undertaken by the position holder indicated:

 

          Scrutiny Champion – Chairman of the Scrutiny Committee Chairmen and Vice-Chairmen Group

          Member Development Champion – Chairman of the Democratic Services Committee.

 

RESOLVED

 

(1)       T H A T as advised by the Leader it be noted that Councillor S.C. Egan would be Deputy Leader and that the following Members would comprise the Cabinet, with the portfolios indicated:

 

Councillor Neil Moore - Executive Leader and

Cabinet Member forCorporate Resources

 

·         Managing Director’s Office

·         Community Consultation

·         Community Strategy

·         Complaints Monitoring

·         Consultancy Services

·         Corporate Image and Communications

·         Customer Care

·         Democratic Services

·         Employee Relations

·         Employee Training

·         Employment Land and Buildings

·         Environmental Health and Pollution Control

·         Equalities

·         Financial Services and Budget

·         Health and Safety

·         Human Resources Strategy

·         Improvement Plan, Action Plans and Monitoring

·         Information and Communication Technology

·         Land and Property Management

·         Legal Services

·         Licensing

·         Member Development

·         Members’ Services

·         OneVale and E-Government

·         Organisational Development and Motivation

·         Performance Monitoring

·         Pest Control

·         Recruitment and Retention

·         Registration Service

·         Risk Assessment

·         Sickness and Absenteeism

·         Strategic Policy and Corporate Plan

·         Sustainable Development

·         Town Twinning

·         Trading Standards.

 

 

Councillor Stuart Egan - Deputy Leader and

Cabinet Member for Adult Services

 

·         Adult Services

·         Adult Training

·         Adults Advice and Assessment

·         Catering

·         Community Care

·         Community Education

·         Elderly Persons’ Homes

·         Family Support

·         Health Liaison 

·         Home Care

·         Library and Information Service

·         Lifelong Learning

·         Mental Health Services for Adults

·         Services for Adults with Disabilities / Impairment

·         Special Needs

·         Vale Consortium for Education and Training (VLN)

·         Voluntary Sector Inclusion.

 

“Such other executive functions as are set out in the Constitution, as the Leader may allocate to each portfolio from time to time.”

 

 

Councillor Bronwen Brooks – Cabinet Member for Housing, Building Maintenance and Community Safety

 

·         Allocations

·         Building Maintenance

·         Community Safety (including Section 17 responsibilities)

·         Crime and Disorder Audit Strategy

·         Emergency Planning

·         Home Office Related Issues

·         Homelessness and Travellers (including sites)

·         Housing Benefits and Rent Rebates

·         Housing Investment

·         Housing Strategy

·         Identification of Housing Need and Accommodation

·         Private Sector Housing

·         Probation Service Liaison

·         Social Housing Responsibilities

·         Specialist Services

·         Tenant Services.

 

“Such other executive functions as are set out in the Constitution, as the Leader may allocate to each portfolio from time to time.”

 

 

Councillor Lis Burnett – Cabinet Member forRegeneration, Innovation, Planning and Transportation

 

·         Barry Regeneration

·         Barry Waterfront and Barry Island

·         Building Preservation

·         Business Support and Innovation

·         Community Regeneration

·         Conservation Issues

·         Development and Planning Policy

·         Dyffryn House

·         Economic Regeneration Projects

·         Highway Development

·         Inward Investment

·         Local Development Plan

·         Marketing

·         Mineral Policy

·         Major Projects

·         Public and School Transportation

·         Road Safety

·         Rural Regeneration

·         St. Athan Enterprise Zone

·         Safer Routes to School

·         School Crossing Patrols

·         Severn Barrage

·         Spatial Plan and Sub-Regional Issues

·         Tourism and Tourism Information Centres

·         Town Centre Management and Development

·         Transport Plans (Local and Regional).

 

“Such other executive functions as are set out in the Constitution, as the Leader may allocate to each portfolio from time to time.”

 

 

Councillor Rob Curtis – Cabinet Member for the Environment and Visible Services

 

·         Building Cleaning

·         Civic Amenity Sites

·         Cleansing

·         Engineering Design

·         Fleet Maintenance

·         Fleet Management

·         Flood Risk Management and Coastal Protection

·         Fly Tipping

·         Graffiti Strategy

·         Grass Verge and Roundabout Maintenance

·         Highway Maintenance

·         Highway Structures, including Bridges

·         Public Toilets

·         Recycling

·         Security

·         Street Care 

·         Street Lighting

·         Traffic Management

·         Tree Services

·         Waste Collection

·         Waste Transfer and Disposal

·         Water Safety.

 

“Such other executive functions as are set out in the Constitution, as the Leader may allocate to each portfolio from time to time.”

 

 

 Councillor Chris Elmore – Cabinet Member for Children’s Services

 

·         Admissions

·         Advice and Assessment

·         Children Services

·         Community Care

·         Early Years

·         Early Years Education Provision

·         Education Strategic Planning

·         Education Welfare

·         Governor Support and Training

·         Health Liaison

·         Inclusion and Access

·         Mental Health

·         Pupil Referral Unit (EBD unit and Amelia Trust unit)

·         School Funding and Support

·         School Improvement

·         Services for Children with Disabilities / Impairment

·         Special Educational Needs

·         Special Needs

·         Voluntary Sector Inclusion

·         Youth Offending Team (YOT)

·         Youth Service.

 

“Such other executive functions as are set out in the Constitution, as the Leader may allocate to each portfolio from time to time.”

 

 

Councillor G John - Cabinet Member for Leisure, Parks, Culture and Sport Development

 

·         Arts and Entertainment

·         Beach Management

·         Car Parks

·         Commons

·         Community Centres

·         Country Parks

·         Countryside Strategy

·         Dyffryn Gardens (Grounds Maintenance)

·         Events

·         Heritage Coast

·         Heritage Services

·         Landscape Design

·         Leisure Management (including Sports and Leisure Centres)

·         Parks and Grounds Maintenance

·         Play Areas

·         Sports Development

·         Woodland Management / Coed Cymru.

 

“Such other executive functions as are set out in the Constitution, as the Leader may allocate to each portfolio from time to time.”

 

(2)       T H A T the Chairman of the Scrutiny Committee Chairmen and Vice-Chairmen Group and Chairman of the Democratic Services Committee be designated the Council’s Scrutiny and Member Development Champions respectively.

 

(3)       T H A T the Council's payments of Senior Salaries for 2013/14 be as set out above.

 


7          APPOINTMENT OF SCRUTINY COMMITTEES AND ALLOCATION OF SCRUTINY COMMITTEE CHAIRMEN POSITIONS -

 

The Leader informed Members that officers had confirmed the need for a change in the allocation of Scrutiny Committee Chairmen positions.  This arose from amendments to Welsh Office guidance regarding this matter which had been issued following last year's Annual Meeting and which affected the 'rounding' of calculations regarding Chairmen position allocations.  As a result, the allocation for the appointment of the five Scrutiny Committee Chairmen positions was as follows:

 

·         Labour / Llantwit First Independent (when taken together) - 2

·         Conservative - 2

·         Plaid Cymru - 1.

 

RESOLVED -

 

(1)       T H A T the following Scrutiny Committees together with their membership (which includes the changes notified by relevant Group Leaders) and terms of reference be appointed for the ensuing municipal year:

 

(a)       Scrutiny Committee (Corporate Resources) - 10 Members

 

Councillors Pamela Drake, Keith Geary, Howard Hamilton, Keith Hatton, Jeff James, Peter King, Bob Penrose, Gwyn Roberts, Clive Williams and Mark Wilson.

 

(b)       Scrutiny Committee (Economy and Environment) - 10 Members

 

Councillors Philip Clarke, Geoff Cox, Claire Curtis, Pamela Drake, Eric Hacker, Maureen Kelly Owen, Peter King, Anne Moore, Anthony Powell and Chris Williams.

 

(c)       Scrutiny Committee (Housing and Public Protection) - 10 Members

 

Councillors Richard Bertin, Jonathan Bird, Claire Curtis, John Drysdale, Val Hartrey, Anne Moore, Rhona Probert, Ray Thomas, Margaret Wilkinson and Eddie Williams.

 

1 representative, as a non-voting observer, from each of the following organisations:

 

Shelter Cymru

Vale Housing and Homelessness Forum

 

plus 4 Representatives from Tenant Working Group / Panel.

 

(d)       Scrutiny Committee (Lifelong Learning) - 10 Members

 

Councillors Janice Birch, Rhiannon Birch, Kate Edmunds, Howard Hamilton, Nic Hodges, Hunter Jarvie, Fred Johnson, Andrew Parker, Bob Penrose and Eddie Williams.

 

Co-opted Members:

Non-Voting Observers:

1 representative each from:

1 representative each from:

Roman Catholic Church

Primary

Church in Wales

Secondary

Parent Governors - Primary Sector

Special

Parent Governors - Secondary Sector

Headteachers

 

Welsh Medium Education

 

Free Churches

 

 

(e)       Scrutiny Committee (Social Care and Health) - 10 Members

 

Councillors Richard Bertin, Janice Birch, Rhiannon Birch, Kate Edmunds, Eric Hacker, Dr. Ian Johnson, Rhona Probert, John Thomas, Rhodri Traherne and Steffan Wiliam.  (N.B. This allocation reflects adjustments made in September 2012 as part of overall political balance calculations)

 

Terms of Reference

 

The Council will appoint the Scrutiny Committees set out in the left hand column of the table below to discharge the functions conferred by section 21 of the Local Government Act 2000 in relation to the matters set out in the right hand column of the same table :

 

Scrutiny Committee

Scope

Corporate Resources

Corporate Policy and Communications

Finance, ICT and Property

Legal

Democratic

Human Resources

Cabinet decisions on Key Projects that impact on more than one service area

Surplus Land and Property

Capital Schemes

Revenue Proposals over £300,000

 

Economy and Environment

Economic Development, Leisure and Tourism Services, Countryside and Environmental Projects

Visible Services (Waste Management and Cleansing, Highway Maintenance, Engineering Design and Procurement, Parks and Ground Maintenance)

Public Works and Highways

Planning and Transportation

Fleet Management, Cleaning and Security

 

Housing and Public Protection

Public Housing

Public Protection including:

·        Regulatory Services

·        Private Housing

·        Community Safety

Building Maintenance

Crime and Disorder Matters (as required under the Police and Justice Act 2006 and the Local Government and Public Involvement in Health Act 2007)

 

Lifelong Learning

Schools (Pupil Support, School Improvement and School Support)

Post 16 Education and Training

Libraries

Community Education and Youth Service

 

Social Care and Health

Adult Services

Children and Young People’s Services

Strategy and Business Innovation

 

 

General Role

 

Within their terms of reference, Scrutiny Committees will:

 

(a)       review and / or scrutinise decisions made or actions taken in connection with the discharge of any of the Council’s functions, but with the exception of any matter which is specifically identified in the terms of reference of any other Scrutiny Committee;

(b)       make reports and / or recommendations to the full Council and / or the Executive in connection with the discharge of any functions;

(c)       consider any matter affecting the area or its inhabitants; and

(d)       exercise the right to call-in, for reconsideration, decisions made but not yet implemented by the Executive.

 

In undertaking the above, Scrutiny Committees shall, in particular, include and have regard to:

 

·         Compliance with Council policy;

·         Consideration of the need for changes to policy and / or practice;

·         Continuous Improvement.

 

Specific Functions

 

(a)             Policy Development and Review

 

Scrutiny Committees may:

 

(i)         assist the Council and the Executive in the development of its budget and policy framework by in-depth analysis of policy issues;

(ii)        conduct research, community and other consultation in the analysis of policy issues and possible options;

(iii)       consider and implement mechanisms to encourage and enhance community participation in the development of policy options;

(iv)       question members of the Executive and / or committees and Chief Officers about their views on issues and proposals affecting the area; and

(v)        liaise with other external organisations operating in the area, whether national, regional or local, to ensure that the interests of local people are enhanced by collaborative working.

 

(b)             Scrutiny

 

Scrutiny Committees may:

(i)         review and scrutinise the decisions made by, and performance of, the Executive and / or committees and Council officers, both in relation to individual decisions and over time;

(ii)        review and scrutinise the performance of the Council in relation to its policy objectives, performance targets and / or particular service areas;

(iii)       question members of the Executive and / or committees and Chief Officers about their decisions and performance, whether generally in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects;

(iv)       make recommendations to the Executive and / or appropriate committee and / or Council arising from the outcome of the scrutiny process;

(v)        review and scrutinise the performance of other public bodies in the area and invite reports from them by requesting them to address the Scrutiny Committee and local people about their activities and performance; and

(vi)       question and gather evidence from any person (with their consent).

 

(c)              Finance

 

Scrutiny Committees may exercise overall responsibility for the finances made available to them.

 

(d)             Annual Report

 

Scrutiny Committees must report annually to full Council on their workings and make recommendations for future work programmes and amended working methods if appropriate.

 

(e)             Officers

 

Scrutiny Committees may exercise overall responsibility for the work programme of the officers employed to support their work; it being noted that officers supporting the scrutiny function also undertake non-scrutiny related duties.

 

Proceedings of Scrutiny Committees

 

Scrutiny Committees will conduct their proceedings in accordance with the Overview and Scrutiny Procedure Rules set out in Part 4 of this Constitution.

 

(2)       T H A T the Council endorse the allocation of specific Scrutiny Committee Chairmen as notified by the relevant Group Leaders as follows:

 

·         Scrutiny Committee (Corporate Resources) - Councillor Mark Wilson (Labour)

·         Scrutiny Committee (Economy and Environment) - Councillor Anne Moore (Labour)

·         Scrutiny Committee (Housing and Public Protection) - Councillor Jonathan Bird (Conservative)

·         Scrutiny Committee (Lifelong Learning) - Councillor Nic Hodges (Plaid Cymru)

·         Scrutiny Committee (Social Care and Health) - Councillor Rhodri Traherne (Conservative).

 

 

8          QUASI-JUDICIAL COMMITTEES AND OTHER BODIES: APPOINTMENT, TERMS OF REFERENCE AND MEMBERSHIP -

 

RESOLVED - T H A T the following Quasi-Judicial Committees and other bodies, together with their terms of reference and revised membership (as notified by Group Leaders) be re-appointed for the ensuing municipal year:

 

(a)       Planning Committee (19 Members)

 

Membership:

 

Councillors Janice Birch, Rhiannon Birch, Bronwen Brooks, Pamela Drake, John Drysdale, Eric Hacker, Val Hartrey, Keith Hatton, Nic Hodges, Jeff James,  Fred Johnson, Maureen Kelly Owen, Andrew Parker, Bob Penrose, Anthony Powell, Audrey Preston, Margaret Wilkinson, Eddie Williams and Mark Wilson.

 

(N.B. This allocation reflects adjustments made in September 2012 as part of overall political balance calculations)

 

Terms of Reference:

 

With delegated powers

 

(1)       To deal with all matters relating to development control, including planning applications.

(2)       To deal with all matters relating to building control, including dangerous and dilapidated buildings and structures, and trees.

(3)       To consider and determine applications for modification of the Definitive Map and Statement made under Section 53 of the Wildlife and Countryside Act 1981 and any statutory modifications made thereunder.

 

N.B. The Planning Committee have delegated some of these functions to the Public Rights of Way Sub-Committee and resolved that responsibility for Rights of Way / Highway related functions contained in the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) (Amendment) Regulations 2009, other than those allocated to the Planning Committee or the Public Rights of Way Sub-Committee, be delegated to the Director of Development Services, as set out in Appendix A to the report to the Planning Committee on 20th May, 2010, and that

 

(i)         In all the sub-sections contained in Appendix A, pre-order consultation shall always include Local Ward Members.

(ii)        In all the sub sections contained in Appendix A, pre-order consultation with Local Ward Members would afford Members the right to request that the matter be reported to the relevant Committee / Sub-Committee.

 

 

(b)       Public Rights of Way Sub-Committee (5 Members)

 

Membership: Appointed by the Planning Committee

 

Terms of Reference:

 

To consider and determine under delegated powers applications for Footpath Orders made under Sections 25, 26, 118 and 119 of the Highways Act 1980 and Orders made under Sections 53(3)(b), 53(3)(c) and 54 of the Wildlife and Countryside Act 1981 in respect of modifications of the Definitive Map.

 

(N.B. See also terms of reference of the Planning Committee above.)

 

 

(c)       Licensing Committee (15 Members)

 

Membership:

 

Councillors Philip Clarke, Geoff Cox, Pamela Drake, Keith Geary, Howard Hamilton, Val Hartrey, Keith Hatton, Anne Moore, Neil Moore, Anthony Powell, Audrey Preston, Rhona Probert, John Thomas, Ray Thomas and Margaret Wilkinson.

 

Terms of Reference:

 

(1)       To determine all matters regulated by the Licensing Act 2003, and the Gambling Act 2005 and any statutory modifications made there under in accordance with the provisions of, and the scheme of delegation set out, in the Council’s Statement of Licensing Policy.

(2)       To determine all other licensing matters, including applications for Hackney Carriage, Private Hire Vehicles, Dangerous Wild Animals, Street Trading Licences, Charitable Collections and any other matters of a licensing nature. 

 

N.B.All non-Licensing Act 2003 and Gambling Act 2005 matters will be considered by the full Licensing Committee exercising plenary powers meeting on such specific occasions as necessary.

 

The Licensing Committee shall be empowered to adopt or modify any such rules of procedure as may be required in order to facilitate the determination of any matters considered by them.

 

With delegated powers:

 

(1)        To set up Sub-Committees to determine licences under the Licensing Act 2003 and Gambling Act 2005 and any statutory modifications made there under.

(2)        To make arrangements for the discharge of the statutory registration and licensing functions of the Council, except where such matters fall within the purview of another Committee.

 

 

(d)       Appeals Committee (6 Members, none of whom should be members of either the Early Retirement / Redundancy Committee or the Investigating Committee)

 

Membership:

 

Councillors Janice Birch, Keith Geary, Andrew Parker, Rhona Probert, Gwyn Roberts and Steffan Wiliam.

 

Terms of Reference:

 

With delegated powers:

 

(1)       To hear and determine appeals against decisions on disciplinary proceedings instituted against Chief Officers (excluding the Head of Paid Service, Monitoring Officer and Chief Finance Officer) and in the case of employees below the level of Chief Officer, to determine appeals against decisions on dismissal proceedings.

(2)       To hear and determine matters relating to employees’ grievances appeals.

(3)       To hear and determine appeals arising from local government reorganisation.

(4)       To consider and make recommendations to Cabinet on all matters relating to re-grading appeals by all Chief Officers.

(5)       To hear and determine appeals against the redundancy of Council employees issued with redundancy notification.

(6)       To hear and determine appeals against the redundancy of “school based” employees following notice of school closure.

 

N.B.  Where in the case of the dismissal of

 

-         the Head of Paid Service

-         a Chief Officer

-         a Deputy Chief Officer

 

a committee or sub-committee is discharging the function of the dismissal, at least one member and not more than half of the members of that committee or sub-committee are to be members of the Executive.

 

(The Council will be responsible for a decision to dismiss the Head of Paid Service.)

 

 

(e)       Investigating Committee (7 Members, none of whom should be members of the Appeals Committee)

 

Membership:

 

Councillors Jonathan Bird, Howard Hamilton, Nic Hodges, Fred Johnson, Kevin Mahoney, Anne Moore and Rhodri Traherne.

 

(N.B. This allocation reflects adjustments made in May 2012 as part of overall political balance calculations.)

 

Terms of Reference:

 

With delegated powers:

 

(1)               To act in accordance with the procedures laid down by the JNC Conditions of Service for Chief Officers and in accordance with the Local Authorities (Standing Orders) (Wales) Regulations 2006 and any statutory modifications made there under in all matters of discipline and capability.

(2)               To determine such matters as appropriate with delegated powers on behalf of the Council in relation to non-statutory Chief Officers and statutory Chief Officers, with the exception of the Head of Paid Service, Monitoring Officer, Chief Finance Officer and Head of Democratic Services.

(3)               To recommend, where considered appropriate, in the case of the Head of Paid Service, Monitoring Officer, Chief Finance Officer and Head of Democratic Services referral of the issue to an independent person in accordance with the provisions of the Local Authorities (Standing Orders) (Wales) Regulations 2006 and any statutory modifications made thereunder.

 

*N.B.  The “second hearing” as referred to within the Chief Officers’ Hand Book in respect of non-statutory Chief Officers and statutory Chief Officers, with the exception of the Head of Paid Service, Monitoring Officer, Chief Financial Officer and Head of Democratic Services, shall be a referral to the Appeals Committee in accordance with ACAS guidelines.

                                   

 

(f)        Standards Committee (9 Members including 5 independent members; 3 councillors other than the Leader and not more than 1 member of the Executive; and 1 member of a town/community council wholly or mainly in the Council’s area)

 

Membership:

 

Councillors Christopher Franks, Maureen Kelly Owen and Anne Moore.

 

Independent members:

Mr. A.G. Hallett (Chairman)

Mrs. M.J. Pearce (Vice-Chairman)

 

Mr. J.F. Baker

Mr. D. Carsley

Mr. A. Lane

 

Town and Community Council Representative:

Councillor M. Cuddy

 

Terms of Reference:

 

(1)       To promote and maintain high standards of conduct by councillors, co-opted members and church and parent governor representatives.

(2)       To assist councillors, co-opted members and church and parent governor representatives to observe the Members’ Code of Conduct.

(3)       To advise the Council on the adoption or revision of the Members’ Code of Conduct.

(4)       To monitor the operation of the Members’ Code of Conduct.

(5)       To advise, train or arrange to train councillors, co-opted members and church and parent governor representatives on matters relating to the Members’ Code of Conduct.

(6)       To grant dispensations to councillors, co-opted members and church and parent governor representatives from requirements relating to interests set out in the Members’ Code of Conduct.

(7)       To deal with any reports from a case tribunal or interim case tribunal, and any report from the Monitoring Officer on any matter referred to that officer by the Public Services Ombudsman.

(8)       To exercise (1) to (7) above in relation to the community councils wholly or mainly in its area and the members of those community councils.

(9)       To overview the Whistle Blowing Policy.

(10)     To overview complaints handling and Ombudsman investigations.

 

 

(g)       Standards Committee Appointment Panel (1 Community Councillor, 1 Lay Person (to be appointed by the Monitoring Officer) and I Vale of Glamorgan Councillor from each political group (who is not a member of the Standards Committee)

 

Membership:

 

As above.

 

Terms of Reference:

 

To consider applications to fill Independent Member vacancies on the Standards Committee and make recommendations to the Appointments Committee.

 

 

(h)       Standards Committee Appointments Committee (3 Members)

 

Membership:

 

The Elected Members who sit on the Standards Committee

 

Terms of Reference:

 

To appoint the Independent Members to the Standards Committee having regard to the Appointment Panel's recommendations and to deal with other matters requiring a decision for the appointment of a non-Council member of the Standards Committee.

 

 

(i)         Discretionary Housing Payments Review Committee (7 Members)

 

Membership:

 

Councillors Richard Bertin, Jonathan Bird, Stuart Egan, Howard Hamilton, Nic Hodges, Kevin Mahoney and Andrew Parker.

 

(N.B. This allocation reflects adjustments made in May 2012 as part of overall political balance calculations.)

 

Terms of Reference:

 

With delegated powers to determine reviews made under  the Discretionary Financial Assistance Regulations 2001 as amended by the Discretionary Financial Assistance Regulations 2008 and any statutory modifications made thereunder in the light of guidance on the operation of Discretionary Housing Payments issued by the Department for Work and Pensions under the Discretionary Housing Payments Scheme.

 

 

(j)         Audit Committee (7 Members plus 1 Lay Member)

 

Membership:

 

Councillors Jonathan Bird, Pamela Drake, John Drysdale, Keith Geary, Keith Hatton, Clive Williams and Mark Wilson

 

Composition

 

The membership of the Audit Committee is to be determined by Council subject to:

 

(a)       At least two thirds of the members must be Vale of Glamorgan Councillors of whom no more than one member may be a member of the Cabinet who must not be the Leader.

(b)       Up to one third of the members may be from outside the Council and at least one member must be a lay member.

 

Chairing the Committee

 

The Audit Committee shall be chaired by a person elected by its members.  The Chairman may be a Vale of Glamorgan Councillor or a Lay Member but must not be a member of any Group which has members on the Executive.

 

Voting

 

All Audit Committee members, including lay members, have the right to vote on any issue considered by the Committee.

 

Frequency of meetings

 

The Committee must meet at least once a year.

 

Terms of Reference:

 

(1)       To consider the external auditor’s annual report and other relevant reports and to make recommendations on their implementation to Cabinet and / or Council as appropriate.

(2)       To consider specific reports as agreed with the external auditor and to make recommendations on their implementation to Cabinet and / or Council as appropriate.

(3)       To maintain an overview of contract procedure rules, financial regulations and officers’ codes of conduct and behaviour and to make recommendations to Cabinet and / or Council as appropriate.

(4)       To monitor Council policies on “Raising Concerns at Work” and the anti-fraud and bribery strategy and the Council’s complaints procedure and to make recommendations to Cabinet and / or Council as appropriate.

(5)       To oversee the production of the Council’s Annual Governance Statement and to recommend its adoption.

(6)       To review the annual Statement of Accounts.  Specifically, to consider whether appropriate accounting policies have been followed and whether there are concerns arising from the financial statements or from the audit that need to be brought to the attention of the Council.

 

With delegated powers:

 

(1)       To consider and approve the Head of Internal Audit’s annual report and opinion, and a summary of internal audit activity (actual and proposed) and the level of assurance it can give over the Council’s risk management, internal control and corporate governance arrangements.

(2)       To consider and approve summaries of special internal audit reports as requested.

(3)       To consider and approve reports dealing with the management and performance of the providers of internal audit services.

(4)       To consider reports from internal audit on agreed recommendations not implemented within a reasonable timescale and approve necessary remedial action.

(5)       To comment on the scope and depth of external audit work and to ensure it gives value for money.

(6)       To commission work from internal and external audit.

(7)       To review and determine on any issue referred to it by the Head of Paid Service, Section 151 Officer, Monitoring Officer or by a Director, or any Council body.

(8)       To approve measures to ensure the effective development and operation of risk management and corporate governance in the Council.

(9)       To consider the Council’s arrangements for corporate governance and to approve necessary actions to ensure compliance with best practice.

(10)     To approve the external auditor’s report to those charged with governance on issues arising from the audit of accounts.

 

 

(k)       Community Liaison Committee (13 Members)

 

Membership:

 

Councillors Richard Bertin, Bronwen Brooks, Claire Curtis, Rob Curtis, Chris Elmore, Keith Geary, Val Hartrey, Nic Hodges, Jeff James, Rhona Probert, Ray Thomas, Rhodri Traherne and Mark Wilson.

 

Terms of Reference:

 

(1)       To discuss local government matters of mutual concern in attendance with one representative, or nominated substitute, from each Town / Community Council, and from any other organisation considered appropriate.

(2)       To refer, as appropriate, reports / recommendations to Cabinet.

 

N.B. Only Members of the Vale of Glamorgan Council will have voting rights.  However, if requested by Town and Community Councillors, a vote will be obtained from Town and Community Councillors as an indication of their views which will be reported in the minutes and, if the Committee requests, included in any related report/recommendations referred to Cabinet.

 

 

(l)         Democratic Services Committee (10 Members)

 

Membership:

 

Councillors Richard Bertin, Jonathan Bird, Bronwen Brooks, John Drysdale, Chris Franks, Ian Johnson, Gwyn Roberts, Rhodri Traherne, Eddie Williams and Mark Wilson.

 

(N.B. This allocation reflects adjustments made in September 2012 as part of overall political balance calculations)

 

To comprise of Councillors only – to be politically balanced with no more than 1 executive Member, who cannot be the Leader.

 

Full Council to appoint Chairman, who must not be a member of any political group on the Executive.

 

Terms of Reference:

 

(1)       To designate the Head of Democratic Services.

(2)       To keep under review the provision by the Authority of adequate resources to discharge Democratic Services functions.

(3)       To make reports and recommendations in respect of (2) above to Full Council at least annually.

(4)       To have regard to Welsh Ministerial guidance when exercising its functions.

(5)       To be responsible for overseeing the Council’s approach to Member Development.

 

Frequency of Meetings

 

The Committee must meet at least once a year.

 

 

(m)      Early Retirement / Redundancy Committee (7 Members - none of whom should be members of the Appeals Committee)

 

Membership:

 

Councillors Philip Clarke, Pamela Drake, Stuart Egan, Nic Hodges, Jeff James, Maureen Kelly Owen and Anne Moore.

 

(N.B. This allocation reflects adjustments made in May 2012 as part of overall political balance calculations.)

 

Terms of Reference:

 

With delegated powers:

 

(1)       To determine individual applications for Early Retirement / Voluntary Redundancy / Flexible Retirement

(2)       To determine compulsory redundancies from schools and other areas of the Council where statutory payments are prescribed.

 

 

(n)       Joint Consultative Forum (7 Members) 

 

Membership:

 

Councillors Keith Hatton, Fred Johnson, Maureen Kelly Owen, Anthony Powell, Audrey Preston, Gwyn Roberts and Eddie Williams.

 

Terms of Reference:

 

(1)       To consider any relevant matter referred to it by a Committee, Elected Member or the Head of Paid Service of the Council or by the Employees’ Group.

(2)       To make recommendations to the Cabinet on the above and on the application of the terms and conditions of service and the education, training and welfare of employees of the Council.

(3)       To discharge any other functions specifically assigned to the Forum.

 

 

(o)       Senior Management Appointment Committee (6 Members)

 

Membership:

 

Councillors Lis Burnett, Stuart Egan, Chris Franks, Gwyn John, Neil Moore and John Thomas.

 

With the Cabinet Member with portfolio responsibilities for the service involved invited to attend.

 

Terms of Reference:

 

With delegated powers to select for and to interview and appoint to the Management Structure and to appoint the Lay Member to the Audit Committee.

 

 

(p)       Trust Committee (7 Members)

 

Membership:

 

Councillors Howard Hamilton, Nic Hodges, Hunter Jarvie, Fred Johnson, Kevin Mahoney, Andrew Parker and Anthony Powell

 

(N.B. This allocation reflects adjustments made in May 2012 as part of overall political balance calculations.)

 

Terms of Reference:

 

With delegated powers to consider and deal with matters in which the Council acts as Trustee, except those matters within the terms of reference of the Welsh Church Act Estate Committee.

 

 

(q)       Voluntary Sector Joint Liaison Committee (10 plus 8 voluntary sector and 2 Cardiff and Vale University Health Board (Health Sector) representatives)

 

Membership:

 

Councillors Rhiannon Birch, Geoff Cox, Kate Edmunds, Chris Elmore, Chris Franks, Ian Johnson, Maureen Kelly Owen, Neil Moore, Bob Penrose and Eddie Williams.

 

Representatives of the Voluntary Sector and Cardiff and Vale University Health Board:

Ms. Kay Quinn (Atal y Fro); Ms. Teresa Burris (Age Concern), Ms. Caroline Chapman (MIND in the Vale of Glamorgan), Ms. Rachel Connor (Vale Centre for Voluntary Services), Mr. Anthony Hearn (Llamau), Ms. Alison Steere (Vale Volunteer Bureau), Ms. Jane Weeks (Action for Children), Mr. Paul Hollard and Ms. Linda Donovan (Cardiff and Vale University Health Board) plus one vacancy from Voluntary Sector.

 

(N.B. This allocation reflects adjustments made in September 2012 as part of overall political balance calculations)

 

Terms of Reference:

 

(1)       To refer, as appropriate, reports and recommendations to the Cabinet.

(2)       To appoint a Chairman and Vice-Chairman from amongst the eleven members of the Council and an honorary Vice-Chairman from amongst the ten representatives from the Voluntary and Health Sectors.

(3)       To advise the Council of the needs, views and concerns of the Voluntary and Health Sectors.

(4)       To report on the work of those organisations grant aided by the Council, either in full or in part.

(5)       To act as a consultative forum where the Voluntary Sector, Health Sector and the Council may, in partnership, put forward policy proposals for discussion and decision.

(6)       To facilitate and promote joint working between the Council, the Voluntary Sector and the Health Sector.

(7)       To assist the Council in developing a strategy for the Voluntary and Sectors; to participate in the monitoring and evaluation of that strategy.

(8)       In accordance with the statutory provisions, only members of the Council will have voting rights.  However, where there is no consensus this will be reported in the minutes and placed before the Cabinet prior to a decision being taken.

(9)       To review the Partnership Agreement and Action Plan and to monitor and report on progress made towards achieving the targets contained within the Agreement and the Plan.

(10)     To consider reports of the Cabinet and other Committees of the Council which have a bearing and impact on the Voluntary and / or Health Sectors.

(11)     To consider and recommend grant awards under the Council’s Voluntary Action Scheme and other appropriate funding schemes.

 

 

(r)        Welsh Church Act Estate Committee (7 Members)

 

Membership:

 

Councillors Geoff Cox, Chris Franks, Howard Hamilton, Fred Johnson, Kevin Mahoney, Anthony Powell and Ray Thomas.

 

(N.B. This allocation reflects adjustments made in May 2012 as part of overall political balance calculations.)

 

Terms of Reference:

 

(1)       Delegated authority to administer and manage the Welsh Church Act Estate as vested in the Council.

(2)       Authority to negotiate with other authorities and the Welsh Government to rationalise the ownership of Welsh Church Act properties administered by other authorities but actually located within the Vale of Glamorgan.

(3)       To ensure that the Wales Programme for Improvement is observed in all areas of the Committee’s responsibility.

 

 

(s)       Appointment of Local Authority Governors Advisory Panel (6 Members - to be chaired by the Cabinet Member for Children’s Services)

 

Membership:

 

Cabinet Member (Children's Services) (Councillor Chris Elmore) plus

Councillors: Philip Clarke, Chris Franks, Hunter Jarvie, Fred Johnson and Margaret Wilkinson.

 

(N.B. This allocation reflects adjustments made in May 2012 as part of overall political balance calculations.)

 

Terms of Reference:

 

A representative of the Vale Governors’ Association (AVAGO), as determined by the management committee of that Association, will be invited to attend the Panel in an advisory capacity (i.e. without voting rights). In the event of any of the seven members or the AVAGO representative being unable to attend, named substitutes will be eligible to take their place to ensure that all these groups are adequately represented when the Panel meets.

 

The Advisory Panel for the Appointment of Local Authority Governors will be responsible for making recommendations to the Cabinet regarding the appointment and removal of Local Authority Governors in line with the approved criteria contained within this policy. If the Cabinet do not endorse any recommendations of the Panel regarding any Local Authority Governor appointments they will refer them back to the Panel in the first instance stating appropriate reasons for doing so. In the event of failure by the Panel to recommend an appointment, that appointment will then be made by the Cabinet, so as to ensure that the Council meets its obligation to fill vacancies within 6 months of their notification.

 

 

(t)        Residential Special Schools Panel (7 Members)

 

Membership:

 

Labour: 3, Conservative: 2; Plaid Cymru: 1, Llantwit First Independent: 1

 

Terms of Reference:

 

To carry out inspections and facilitate reports as required by the Care Standards Inspectorate in accordance with the CSIW National Minimum Standards for Residential Special Schools: Standard 33.

 

 

(u)       Glamorgan Heritage Coast Advisory Group (7 Members)

 

Membership:

 

Councillors Lis Burnett, Rob Curtis, John Drysdale, Val Hartrey, Audrey Preston, Ray Thomas and Eddie Williams.

 

Plus Representatives as follows:

 

Glamorgan Wildlife Trust

Vale and Valleys Countryside Council for Wales

Countryside Council for Wales

Dunraven Estates

Bridgend County Borough Council

Merthyr Mawr Estates

Crown Estates

Friends of the Glamorgan Heritage Coast

One Voice Wales

 

Terms of Reference:

 

(1)       To act as a forum for discussion twice yearly with major interest groups and appropriate organisations;

(2)       To promote awareness and interest in the Heritage Coast; and

(3)       To report discussions to the Cabinet and to advise on relevant matters.

 

 

(v)       Vale of Glamorgan Conservation Advisory Group (2 elected Members)

 

Membership:

 

Non-voting Chairman            -                    Vice-Chairman of Planning Committee

Non-voting Vice-Chairman     -                   Chairman of Planning Committee

 

Core Membership

 

Representative:                                         Royal Town Planning Institute

Representative:                                         Royal Society of British Architects

Representatives of the 'six groups':          Ancient Monuments Society

                                                                  The Georgian Group

                                                                  The Victorian Society

                                                                  The Council for British Archaeology

                                                                  The Society for the Protection of Ancient Buildings

                                                                  Royal Commission of the Ancient and Historical Monuments of Wales.

 

Other members from local interest groups, local historical societies and Town and Community Councils to be invited when applications or policy matters that relate to their specific areas are referred to the Group.

 

These local interest groups and societies to be requested to apply to become members of the Group and consideration to be given to the application by the Director of Development Services in consultation with the Cabinet Member for Planning and Transportation.

 

All Town and Community Councils to be invited to submit representative details to become members of the Group.

 

Terms of Reference

 

(1)       To consider applications for planning permission and related applications which, in the opinion of the Local Planning Authority, would affect the character and appearance of any Conservation Area in the Vale of Glamorgan.

(2)       To make recommendations to Planning Committee following the consideration of applications under (1).

(3)       At the request of Cabinet, to act as a consultee and consider any policy document and initiative relevant to the preservation and enhancement of the Council's Conservation Areas.

 

 

(w)      Equalities Consultative Forum (6 Members - to be Chaired by the Cabinet Member for Corporate Resources)

 

Membership:

 

Cabinet Member (Corporate Resources) (Councillor Neil Moore)

Councillors Janice Birch, Nic Hodges, Gwyn John, Maureen Kelly Owen plus 1 vacancy

 

Plus 1 representative from each of the undermentioned organisations:

 

          Age Concern

          Atal y Fro (formerly Women’s Aid)

          Cardiff Gypsy and Traveller Project

          Cardiff and the Vale Parents Federation

          Church of Wales

          Citizens’ Advice Bureau

          Diverse Cymru

          Menter y Fro

          Mind in the Vale

          Muslim Welfare Association

          Race Equality First

          Remploy

          50+ Senior Citizens’ Forum

          South Wales Police

          Stonewall Cymru

          Vale Council for Voluntary Services

          Vale of Glamorgan Older People’s Forum

          Vale of Glamorgan Public Health Team

          Vale Youth Service

          Vibe

          Wales Assembly of Women (Vale Branch).

           

Terms of Reference:

 

(1)       To act as a consultative forum in relation to the equalities policy and procedures developed by the Council.

(2)       To facilitate the promotion of equal opportunities and the elimination of discrimination both within the Council and the wider community.

(3)       To consider reports from Departments and representative organisations on equalities related subjects and new initiatives; and to make recommendations to the Council on changes to policies and procedures where appropriate.

(4)       To advise the Council of the views and concerns of equality organisations and of the residents of the Vale.

(5)       To facilitate and promote joint working between the Council and equality organisations.

 

 

9          DATES OF ORDINARY COUNCIL MEETINGS -

 

RESOLVED - T H A T it be noted that ordinary meetings of the Council would be held on the following dates in the current municipal year:

 

·         26th June, 2013

·         25th September, 2013

·         18th December, 2013

·         5th March, 2014

·         7th May, 2014.

 

 

10        ELECTION OF CHAIRMEN AND VICE-CHAIRMEN OF COMMITTEES -

 

RESOLVED - T H A T the Chairmen and Vice-Chairmen of Committees be appointed as set out below for the ensuing municipal year:

 

Appeals:                     Chairman:                Councillor Gwyn Roberts

                                   Vice-Chairman:        Councillor Keith Geary.

 

Community                 Chairman:                Councillor Chris Elmore

Liaison                        Vice-Chairman:        Councillor Keith Geary.

 

 

Democratic                  Chairman:               Councillor Christopher Franks

Services                      Vice-Chairman:        Councillor Rhodri Traherne.

 

Licensing:                   Chairman:                Councillor Anthony Powell

                                   Vice-Chairman:        Councillor Howard Hamilton.

 

Planning:                    Chairman:                Councillor Fred Johnson

                                   Vice-Chairman:        Councillor Margaret Wilkinson.

 

Trust                           Chairman:                Councillor Fred Johnson

                                   Vice-Chairman:         Councillor Howard Hamilton.

 

WelshChurch              Chairman:                Councillor Fred Johnson

Act Estate                   Vice-Chairman:        Councillor Anthony Powell.

 

 

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